La Junta, CO DUI and DWAI Law Firms & Lawyers

Depends. First, did you get convicted in a justice court? Second has 30 days elapsed since the day you were sentenced? If you were convicted in a justice court and 30 days have not elapsed since you were sentenced you can appeal. If you appeal from a justice court sentence you get to start all over in the district court. This would give you an opportunity to re-file any and all motions to suppress that you previously filed and, if needed, to re-try the case before a new jury. Hope this helps.

The breath testing device is not designed to provide an exact BAC, rather just get it in a range. If the two tests on the machine, 2 minutes apart, are within .02 of each other, it is presumed that the tests 'confirm' each other.  So I do not think this fact helps you in your appeal. That said, since neither was over .08, I assume you are under 21 and the BAC just needed to be over .02 for this DMV hearing you had. 

You can have counsel, but if you wait until you have counsel, you might have to stay in jail without possibility of posting bond until you can get an attorney there often, the judge sets a bond or even releases on personal recognizance - why would you want to delay that but - if the court sets bond conditions or a high bond that you do not like, you can have a second bond hearing with counsel later.